Madras High CourtCRL OP/17218/2018disposed of

Kumar @ Left Kumar, v. State Rep. By

2018-07-05Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.07.2018

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.17218 of 2018 Kumar @ Left Kumar ... Petitioner - Vs - State Rep. by Inspector of Police, Tindivanam Police Station, Villupuram District.

...Respondent

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the learned Principal District Sessions Judge, Villupuram to consider the bail petition of the petitioner on the same day on merits in Crime No.310 of 2018 registered for offences u/s 294(b), 341, 323, 427 of IPC R/W Section 3(1)(r), 3(1)(s) of Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. For Petitioner : Mr.R.C.Paul Kanagaraj For Respondent : Mr.C.Raghavan Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to direct the learned Principal District Sessions Judge, Villupuram to consider the bail petition of the petitioner on the same day on merits in Crime No.310 of 2018 on the file of the Inspector of Police, Tindivanam Police Station, Villupuram District.

2. The learned counsel for the petitioner submits that the petitioner has been implicated in this case for the alleged offences under Sections 294(b), 341, 323, 427 of IPC and Section 3(1)(r), 3(1)(s) of the Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act 1989, Amendment 2015 and that in view of the specific bar under Section 18 of the said Act, the petitioner cannot move any anticipatory bail application and therefore, the petitioner has come forward with the said prayer.

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3. The learned Government Advocate (Crl. Side) takes notice for the respondent.

4. Considering the submissions of both sides and also considering the nature of the prayer in this case in view of the specific bar under Section 18 of the S.C. & S.T. (Prevention of Atrocities) Act that the petitioner cannot move any anticipatory bail, the learned Special Judge (PCR Cases)/Principal District Sessions Judge, Villupuram, is directed to consider the bail application, in the event of the petitioner filing such petition in connection with Crime No.310 of 2018 pending on the file of the respondent police, within a period of two weeks from the date of receipt of a copy of this order and dispose of the same in accordance with law on the same day.

With this observation, this criminal original petition is disposed of.

Sd/- Assistant Registrar(CS-ii) //True Copy// Sub Assistant Registrar kmi To

1. The District and Sessions Judge, Villupuram.

2. The Inspector of Police, Tindivanam Police Station, Villupuram District

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.C.PAUL KANAGARAJ, Advocate, S.R.No. 43432 Crl.OP.No.17218 of 2018 TR(06/07/2018) https://hcservices.ecourts.gov.in/hcservices/